Citing drivers for failure to "exercise due care" (administrative code 19-190) is a key enforcement tool of Mayor Bill de Blasio's Vision Zero policy, but a judge just threw it out.
Aidan Gardiner reports: "A key part of the mayor's landmark pedestrian and bicycle safety initiative that penalizes drivers for hitting people is unconstitutional, a judge ruled Friday."
"Queens Supreme Court Justice Gia Morris ruled that Mayor Bill de Blasio's Vision Zero charge, failure to exercise due care, violates defendants' right to due process as protected by the United States Constitution," according to Gardiner, "saying the law puts the burden of proof on drivers to show they weren't driving negligently, which violates their presumption of innocence under the Fifth and Fourteenth amendments."
The ruling comes after it seemed like the New York Police Department was beginning to enforce the city's Vision Zero policy. According to Gardiner, NYPD officers "are on track to arrest more bad drivers than ever on Vision Zero charges with 63 percent more busts than this time last year…"
As for next steps, a spokesperson from Mayor de Blasio's office says the NYPD can still use the 19-190 code that cites drivers for failure to exercise due care. The Queens District Attorney is considering options for an appeal.
FULL STORY: Judge Rules Vision Zero Law Unconstitutional as NYPD Increases Its Use
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